My child was not fighting. She was in the classroom and tried to get away from the two kids that were fighting. The school will only suspend the "fighters" for 3 days and will be back in the class. I was not allowed to file assault charges because the fight was not aimed at her and they did not touch her.
Was your child injured in any way? You cannot sue for having been at risk of injury or harm that did not happen. And you cannot sue just because someone got hurt. You cannot even sue because maybe the students who did the fighting will fight again in the future and your kid might -- might! -- be there at that moment and might get hurt. All of those contingencies are equally likely not to happen. Lawsuits are for real actual injuries, not just the risk or potential of them.
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Was your daughter on a 504 plan due to her original leg injury? 504 plans are for students that have any number of disabilities that require special accommodations. It might be a stretch, but if your daughter needed accommodations to deal with her leg injury, she should have been on a 504 plan. The failure to implement a 504 plan and the resulting damages could get you to a point where you can ask for damages, but I'd need to know more about the case.
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